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This entry was published on 2014-09-22
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SECTION 5-119
Violations; sanctions
Energy (ENG) CHAPTER 17-A, ARTICLE 5
§ 5-119. Violations; sanctions. 1. Every person shall obey, observe
and comply with the provisions of this chapter and with every order,
rule or regulation issued or made pursuant to this chapter, so long as
the same shall be and remain in force. Any person who violates any
provision of this chapter or who fails, omits or neglects to obey,
observe or comply with any order, rule or regulation issued pursuant to
this chapter, either personally or through an agent or employee, shall
forfeit to the people of the state of New York a civil penalty not to
exceed one thousand dollars for each and every offense or three times
the profit received from each violation, whichever is greater, except to
the extent that a different civil penalty is specifically provided for
by another provision of this chapter. Every violation pursuant thereto,
shall be a separate and distinct offense, and, in the case of a
continuing violation, every day's continuance thereof shall be a
separate and distinct offense, except to the extent that another
provision of this chapter specifically provides otherwise.

2. At the request of the commissioner, the attorney general may bring
an action or special proceeding to recover a civil penalty provided for
by this chapter in any court of competent jurisdiction in this state, in
the name of the people of the state of New York, except where another
provision of this chapter specifically provides for a different means of
recovering such penalty. A penalty may be released or compromised, and
an action or proceeding to recover the same may be settled and
discontinued, by the attorney general with the consent of the
commissioner. In any action or proceeding pursuant to this section, all
penalties incurred up to the time of commencing the same may be sued for
and recovered therein, and the commencement of an action or proceeding
shall not be a waiver of the right to recover any other penalty. All
moneys recovered in any such action or proceeding, together with the
costs thereof, shall be paid into the state treasury to the credit of
the general fund.

3. Alternatively, or in addition to any action or special proceeding
to recover a civil penalty provided for by this chapter, the attorney
general, at the request of the commissioner, may bring an action or
special proceeding in any court of competent jurisdiction to enjoin the
violation of any provision of this chapter, or any order, rule or
regulation issued pursuant to this chapter, and to seek other
appropriate relief, including but not limited to abatement of the
violation and restitution; provided, however, that to the extent that
another provision of this chapter specifically provides for injunctive
or other appropriate relief, its terms shall apply to such action or
proceeding. Upon a proper showing, a temporary restraining order, a
preliminary injunction, a permanent injunction and other appropriate
relief shall be granted.